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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 115462
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am an Active Duty Army Officer with 20 years, 7 months of

Customer Question

I am an Active Duty Army Officer with 20 years, 7 months of service and no remaining service obligations. I initiated the ACAP process in July 2016 with an intended retirement date of June 2018. I was just notified that I have been selected for a 365 day tasking to Iraq - this would be a TCS , not a PCS. I submitted an applocation for Retirement memo on 5 January (no orders for this assignment received to date) Can my command or HRC deny my retirement?
JA: Are you overseas or stateside?
Customer: Stateside
JA: Have you talked to anyone in the chain of command about this?
Customer: Yes, the CoS
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, thank you
Submitted: 4 months ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
IF you initiated the action for retirement prior to receiving your new orders and those orders will conflict with the retirement, they are supposed to rescind the TCS. The Army is not generally denying retirement applications unless you are in some position that is deemed essential and there are no replacements available. HRC should not deny your retirement or your command if it was submitted already and you have in your sufficient time already to retire.
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